Wednesday, January 27, 2010

The tenor of political debate in this country has made me think that it is really quite fortuitous, that—in spite of their different roots—"ideologue" and "idiot" sound so similar in English. There seem to be fewer and fewer instances in which the two words are not interchangeable without change of meaning.

Friday, January 22, 2010

Logical implications of extending the Bill of Rights to fictive persons

Corporations have always been fictive persons—or at least fictive bodies, given the root—in some sense or another. For profit corporations are fictive persons for financial purposes. If Corporation X owes me money and goes into default, I only have a right to some share of Corporation X's assets, as the fictive person involved, and not to the assets of all the shareholders of Corporation X. This is much like the idea that if you owe me money, I may be able to get it from your spouse in some states—because, in one legal sense, you really are one body, one corporate being with shared assets—but I cannot attempt to attach the assets of your parents or siblings or best friend, since they are distinct legal persons. So, the shareholders and even officers of a corporation are legally distinct from the fictive person of the corporation.
But, (five of) the Supreme Court Justices have told us that corporations and other fictive persons are persons with respect to the Bill of Rights. Inasmuch as they are such, it would seem to follow that they have the other rights (and responsibilities) of persons. It is important to note that the operative concept in both the common and the civil law is person and not human being, so we needn't worry about the fact that corporations are not humans.
So, quite apart from worrying about whether Coca-Cola has registered for the draft—wait, they are beyond that age now—we should ask our corporations to forego the middlemen of lobbyists and campaign contributions and merely run for office themselves. I offer for your consideration, the Senator from the State of California, Apple, the Mayor of New York, The Bloomberg Corporation (only a small step), and our new President, Berkshire Hathaway.

Name-calling

Within the American political context, if you call your opponent, left or right, a Communist or a Nazi or a Stalinist or, honestly, even a Socialist, you have made it clear that you have no idea what any of those terms mean.
And, if you talk about dictatorship, it is clear that you have never lived under one or even visited a country that ever had one.

Thursday, January 21, 2010

Logical implications of the identity of money and speech

If, as the five justice majority of SCOTUS again ruled today, money really is speech, then why can one arrested for solicitation of prostitution not mount a defense claiming that he was merely doing the same thing as anyone trying to pick up a sexual partner in a bar, at a party or elsewhere.
The normal mode of pick-up is to talk to someone until such a time as they might be willing to engage in sex. Of course, it normally helps if one is attractive but we all know of cases where charm evinced through speech was enough to seal the deal.
Now, a john is offering money for a sexual act that he would not normally get. This is just what prostitution is. But, if money is speech in political contexts, why is it not speech in this context? And, if it is, the john is guilty of nothing more than speaking his way to sex. And that is mere fornication (or adultery), which is a crime almost nowhere these days.
By the same token, if a person accused of a crime has the right to argue his innocence—a clear instance of speech—why may he not simply pay the judge or jury a sum—money being speech—to make that charge disappear? Or do we already have that system?

Friday, November 27, 2009

I'm gonna live forever, I'm gonna learn how to fly?

In the Nichomachean Ethics, Aristotle argues that fame or reputation cannot be the greatest good, because we want to be known for our virtues and accomplishments. That may have been true in his day, but in this time of the Kardashian sisters, the insufferable parents of Balloon Boy and a couple of near-bankrupt socialites who, in the interest of getting themselves on reality television, crash a state dinner, I wonder whether he would still be right.
Celebrity and fame used to be the result of something: X was famous for y. Now, Z is simply famous for being famous. Maybe we have Warhol to blame for making us aware of this, but we only have ourselves to blame for making it possible. We honor the famous for being famous and so fame has become an end in itself. So, instead of universally damning people who put their own notoriety above a state visit of the head of state of the largest democracy on earth, we wait to hear their side of the story with the crypt keeper of fame, Larry King.

The problem may just be power

After three years, the Murphy Report, a study of pedophilia and its intense, over-three-decade coverup in and by the Archdiocese of Dublin has been released. Conservatives within the Church are sure, whenever they mention it—this is usually not often—to blame it on homosexuality within the priesthood and the liberalization of the Church after Vatican II.
Beside the fact that this ignores that many of the guilty were ordained long before the reforms of the Council took effect in the late 60s and that almost none of the men would have identified themselves as gay or homosexual and probably still don't it ignores the very real problem of power.
(For what it's worth, pedophilia is a problem across society, including in public schools, in religious organizations of all stripes, etc. And, in those cases where the victims are boys, the men almost always identify as heterosexual. This is why, pace the Pope's directives, expelling those who realize that they are gay from the seminaries will do nothing to prevent molestation; it's not the openly gay men you have to worry about.)
But back to power, because the problem of pedophilia isn't unique to the Church, but the response has been. Many parents of the hundreds of victims went to the Archbishop (four of them, in fact) and his staff and the police and in almost every case, the Church and the Irish state agreed to ignore what was happening. Of course, their reasoning was simply that such accusations might derail the very real work that the Church did and does. But this is exactly reasoning that the ends justify the means, a proposition hated by the Church, but one that is all too easy to accept when the Church has too much temporal and financial power.
Surely, that's not the kind of power Christ came to give. That kind of power almost never sits well with virtue and certainly undercuts any moral authority those wielding it might have laid claim to for other, more spiritual, reasons.